UIL2722 (2020)

TUTORIAL 4

QUESTION 1

Abu, aged 17 years old and Siti, aged 40 years old were caught by Din, Dollah, Amin and Aman
at a secluded area in Taman Bunga Raya when they were having sexual intercourse. After
investigation, it was found out that Abu had actually engaged to Laila whereas Siti was still
under ‘iddah period.

(1) Determine their liability and punishment under Islamic criminal law.

1. Identify the offences Zina/ adultery AQ 17: 32 Punishment (24:2)

2. Elements of crime: AR + MR / party of offender (marry, unmarried, adult, sound mind)
3. Evidence (primary or secondary)
4. Defense.
5. Submission: guilty/ not guilty
– Islamic legal maxim. –Origin –Application

They choose secluded area to commit zina show intention.

Abu ages whether attain majority can have two approach.

Iman Abu Hanifah, if he know the prohibition of such contract of marriage even then he shall
not be liable for hadd of zina because the contract itself create doubt which removes doubt.

(2) During trial, both of them confessed to have committed zina. Before the judge passed a
sentence, Siti retracted her confession. Discuss the status of the confession based on the
views of Muslim scholars.

Nullifies the had punishment.

Case of Mai’z view of Ibnu Qayyim, attempt to run away show retraction of confession. The
evidence avoid hudud when there is doubt, unenforceable

QUESTION 2

Ramli and Ramlah were engaged to be married. One evening Ramlah told Ramli that she wanted
to call off their engagement as she didn’t love him anymore. Ramli was immensely shocked by
this news and felt desolate. Feeling dazed and confused, he decided to go to Ramlah’s house to
coax her to retract her decision.

Ramli used a spare key that he had in order to gain entry into her house. Ramli made his way to
her bedroom when he saw Ramlah(she) was having an illicit sexual intercourse with Jusoh (who
has been in a 2-month divorcee), whom Ramlah met recently in a dating website. Immediately he
contacted the police who arrested both of them thereafter.
UIL2722 (2020)

Meantime, during the arrest, Ramli saw and took Ramlah’s brand new Cartier watch worth
RM15,000.00 which was on her dressing table as a momento before the officers brought the
accused and Ramli to the station for further queries.

At the station, the police found the watch in Ramli’s pocket. During investigation, Ramli barely
remembered anything he had done after his conversation with Ramlah because he was shocked.

Two (2) days later, a trial against Ramlah and Jusoh commenced. Ramli and four (4) police
officers testified to the court that they had witnessed the vice act committed by Ramlah and
Jusoh. However, one of the officer attested further that he couldn’t see clearly of the vice act as
he didn’t wear his glasses.

In a separate trial, Ramli was charged with another offence.

1) Assess the party(s) possible criminal liability (s) and punishment (s) should the offence(s)
is/are proven.
AR= Presumed that there is sexual penetration.
MR= They staying in a room
Party- A male and a female. Did with willful mean
Jusoh is a married person.

Primary evidence (eye witness)

Witness requirement: Have the power of seeing and speaking, he need to be a credible person.
Must be direst evidence must not be delay, must not be based on personal interest (no bias).

Conclusion: fulfilled all the condition

During the investigation watch found in the pocket it is circumstantial evidence.

It is due to forgetfulness, (defence)

Hudud qasaf

All hudud crime, once the crime is proven in primary evidence (testimony, confession,) the
punishment of hudud will be carry out. If the hudud crime is proven by secondary evidence,
(circumstantial evidence) hence, the punishment will be taazir instead.

Charges under theft:

Dishonesty of Ramly, without the knowledge of ramlah, proven when he takit in his own favour,

Liable for hudud punishment (5: 38),

It is proof by secondary evidence.

UIL2722 (2020)

Testimony: The witness was forgetfulness, medically impair, Not totally acquitted, it is partial
defence, liable for tazzir punishment for accused. Accuser will be send to rehabilitation medical
center.

Stolen property-
The offender is unsound mind-

b) What would be the consequence(s) in the charge and punishment against Ramli if he
confessed to the charge, but on evidence adduced by medical expert that he was
suffering from a temporal delusion due to medical prescription for his epilepsy since
he was a child.

Charges dismissed:

Punishment:

ZINA THEFT MIDTERM PROBLEMATIC